Marriage visa, Section 7 Residence Act

Marriage followed by permanent residence in Germany: What engaged couples need to know.

Here you learn ...

what the marriage visa is
how the marriage visa differs from the spouse visa
what requirements must be met for the marriage visa
what applies to the wedding of an EU citizen

1. Entry and visa for marriage

2. Requirements and examination by German authorities

3. Avoiding sham marriages

4. Special features when marrying EU citizens

5. FAQ Marriage Visa

6. Conclusion Marriage visa

1. Entry and visa for marriage

A residence permit specifically for the purpose of marriage followed by permanent residence (marriage visa) is not explicitly provided for in the Residence Act. Nevertheless, this case can be considered a justified individual case under Section 7, Paragraph 1, Sentence 3 of the Residence Act in conjunction with Section 6, Paragraph 3 of the Residence Act if a wedding is planned soon . The decision is at the discretion of the foreign mission. Third-country nationals requiring a visa must apply for a visa at the relevant German embassy or consulate before entering the country. This is a prerequisite for fulfilling all civil and personal status requirements for marriage in Germany.

The marriage visa process should only be initiated if both partners clearly intend to marry and all legal requirements are met . This is not an automatic approval, but rather a discretionary decision by the relevant authorities. This means that each individual case is examined and evaluated individually. Factors such as the personal circumstances, previous contacts between the partners, and the credibility of the intention to marry play a key role.

German diplomatic missions generally expect the marriage to take place shortly after entering Germany. Therefore, it is especially important that both partners prepare the necessary documents completely and correctly and familiarize themselves thoroughly with the process. Early, joint planning not only helps avoid delays in the visa process but also demonstrates that the intention to marry is serious. This is the only way to ensure a successful application.

2. Requirements and examination by German authorities

In addition to providing concrete evidence of intent to marry after entry, the general requirements for national visas (particularly securing a livelihood ) and the provisions for spouses joining the country (Sections 27 et seq. of the Residence Act) must be verified. These generally include basic German language skills and a minimum age of 18 for both partners. The exception to the requirement of securing a livelihood under Section 28, Paragraph 1, Sentence 3 of the Residence Act does not apply, as the marriage has not yet been concluded.

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Applicants must contact the registry office at the intended marriage location before applying for a visa. There, they will verify whether all required documents are present and whether the applicant is legally capable of marriage. Formal registration of the marriage with the German registry office serves as proof that all civil law requirements have been met. Without this proof, a visa will generally not be issued.

3. Avoiding sham marriages

The local immigration authority is involved in every marriage procedure followed by residence. This is necessary to ensure that the marriage is a protected partnership within the meaning of Article 6 of the Basic Law (GG). The protection of marriage and family is of high constitutional importance in Germany. Therefore, the authority carefully examines whether the requirements for legal residence are met. In this context, the engaged couple may be interviewed and questioned about their relationship to determine the seriousness of their intentions to marry and to ensure that the planned marriage is based on a genuine partnership.

This official procedure is similar to that for regular spouse reunification and is primarily intended to prevent abuse. The goal is to identify and prevent so-called sham marriages —marriages entered into solely for the purpose of obtaining residency. To avoid unnecessary delays or additional review, it is therefore crucial to submit a convincing visa application in advance. A well-prepared application that clearly demonstrates the seriousness of the relationship and the intention to marry can facilitate the official review process and contribute to faster processing.

It is important to clarify in advance which documents must be submitted to the registry office . This includes the so-called declaration of accession, which one partner can use to represent the other during registration. A visa will only be issued if there is a clear intention to marry. If there are doubts about the seriousness of the marriage, the registry office can order a separate interview. A certificate from the registry office confirming the registration and verification of the marriage requirements is sufficient for the visa to be issued.

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4. Special features when marrying EU citizens

If you plan to marry a non-German EU citizen, the visa regulations under Section 7, Paragraph 1, Sentence 3 in conjunction with Section 6, Paragraph 3 of the Residence Act also apply. The prohibition of discrimination guarantees that third-country nationals who wish to marry an EU citizen are also entitled to a national visa. However, the general requirements for issuing a visa, such as proof of identity (passport requirement) and proof of livelihood, must also be met.

An important difference when marrying an EU citizen: Proof of basic German language skills is not required for a planned marriage with an EU citizen. However, involvement of the immigration authorities remains mandatory, as does proof that the marriage is imminent. A marriage visa is generally issued for three months, but may be extended in justified exceptional cases.

With regard to family reunification with EU citizens, it should be noted that Germans are not considered EU citizens within the meaning of the Freedom of Movement Act . Although Germans are EU citizens, the so-called lex specialis principle applies to family reunification with Germans, according to which the more specific law always applies. Since there is a provision in the Residence Act that governs family reunification with Germans (§§ 27 ff. AufenthG), this provision is more specific than the Freedom of Movement Act. Family reunification with Germans is therefore subject to stricter requirements than family reunification with EU citizens.

5. FAQ Marriage Visa

What is the difference between a marriage visa and a spouse visa?

While the spouse visa is issued for stay after marriage, the marriage visa is specifically for the purpose of marriage (i.e. before marriage).

Are there any special features for a marriage concluded in Denmark?

Getting married in Denmark is very straightforward and quick. A marriage can be finalized in Denmark in 2-6 weeks with the help of various agencies at certain registry offices . The price depends on how quickly the marriage is to be concluded. Marriages concluded in Denmark are also legally valid in Germany. However, when getting married in Denmark, it is important to note that a new visa may be required after the marriage (Section 39 No. 3 of the Residence Act).

Are multiple marriages also recognized in Germany?

Polygamy is also recognized in Germany in principle. However, according to the case law of the Federal Constitutional Court, these polygamies are not protected by the fundamental right to family (Article 6 of the Basic Law). While the marriage is valid in this respect, it does not entitle the holder to join a spouse (Section 30 (4) of the Residence Act). According to the immigration authorities, naturalization is also not possible with polygamy.

Can family reunification also take place?

Yes, family reunification visas can also be "chained." For example, if a foreign national has a residence permit to join a child, the foreign national's spouse can apply for a residence permit for the child's father.

Does the livelihood have to be secured when joining Germans?

When applying for a spouse visa to join a foreign spouse, proof of financial security is mandatory. This is not the case for spouses joining German spouses. In this case, the immigration authorities may waive the requirement to provide financial security (Section 27 (3) of the Residence Act).

Can I apply for family reunification if I am already living in Germany?

Yes. Family reunification can be applied for as either a visa or a residence permit. A residence permit for family reunification can therefore be applied for not only at the embassy but also at the immigration office.

Can I marry in Germany under foreign law?

No. For weddings in Germany, German law must be applied with regard to the formal requirements (Art. 13 para. 4 EGBGB). However, there is an exception if the marriage is to be performed before a person authorized by a foreign representative (e.g., an imam) (Art. 13 para. 4 sentence 3 EGBGB). Whether a person is duly authorized can be determined from the Federal Office of Administration.

Do you have to present your passport to register a wedding?

No. In practice, registry offices insist on a passport. However, according to the Civil Status Ordinance, proof of citizenship (e.g., a certificate) is sufficient.

Are marriages with minors recognized in Germany?

No. While marriage is generally governed by the law of the home country (which theoretically allows child marriage), the law prohibits child marriages in Germany. Marriages of minors are therefore not valid in Germany, even if marriages of minors are permitted in the home country (Article 13, Paragraph 3 of the Introductory Act to the German Civil Code).

6. Conclusion

Marriage followed by permanent residence in Germany is possible, but requires thorough preparation and a legally sound approach. A marriage visa offers third-country nationals the opportunity to legally enter Germany for marriage if the formal requirements are met and the intention to marry is credible. Key requirements include registering the marriage with the German registry office, submitting complete documentation, and obtaining the involvement and review of the relevant immigration authorities. The goal is to demonstrate the seriousness of the relationship and avoid sham marriages. Special regulations apply to marriages with EU citizens, such as waiving language proficiency requirements—however, official reviews and formal verification are also required here.